Continuous residency requirement

[avanisa]

The language on 'continuous residency' is not explicit.

It is clear that continuous residency is maintained as long as the PR does not stay(travel) outside the USA for more than 6 months(or less than 1 year, if he can prove his intention to continue US residency).

Is this a one time or any number of times ?

Consider this example.

Is the PR still considered as maintaining continuous residency ?

1. The PR travels outside the US(to India, say) for 6 months after being
physically present in the US for 3 years or more(thus meeting the
physical requirement for citizenship).

2. Comes back for a couple of weeks. Travels back to India for another
6 months.

3. Comes back again and stays for atleast 3 months and then applies
for citizenship.

Thanks in advance(the above is my situation, a FYI).

 

[sg_orl]

Your scenario does not meet the 5 year residency requirement. You can apply 90 days prior to the 5 year mark.

If you start making trips of 6 months out of the country, that too 2 or 3 trips in a row, and are basically travelling back to the US for a brief period of time, you will raise the suspicion of the officer at the POE. When you apply for citizenship, all of of your trips abroad will looked at closely even if they were < 6 months.

The burden of proof will be on you explain that all of these long trips abroad were temporary in nature, and you had strong ties to the US, i.e. rental/lease agreement to stay, utilities bills, bank and credit card statement getting delivered and paid from the US bank accounts, etc. Otherwise, you risk at being concluded that you had abandoned the PR status.

 

[srivenu]

Avanisa,

You will need to get into a lease to satisfy the 3 month requirement. Also my advice to you would be to consult a good immigration lawyer and possibly hire one for the process as well. Don't take advice from postings on the forum. Good luck.

Sridhar